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DeHarpport v. Johnson

Court of Appeals of Oregon

May 6, 2015

Tambri DeHARPPORT, Plaintiff-Appellant,
v.
William E. JOHNSON, Defendant-Respondent

Argued and Submitted September 17, 2014.

11CV0423. Deschutes County Circuit Court. A. Michael Adler, Judge.

Claud Ingram filed the briefs for appellant.

Jeffrey T. Eager argued the cause for respondent. With him on the brief was Balyeat & Eager, LLP.

Before DeVore, Presiding Judge, and Ortega, Judge, and Garrett, Judge.[*]

OPINION

Page 1193

[270 Or.App. 682] DEVORE, P. J.

Plaintiff appeals after the trial court dismissed her tort claims on summary judgment. Plaintiff had been a caregiver for a woman in defendant's home. Plaintiff brought claims against defendant for providing an unsafe workplace in violation of ORS 654.015, negligence related to risk from defendant's son, intentional infliction of emotional distress (IIED), and wrongful initiation of civil proceedings based on an abuse prevention order that defendant initiated against plaintiff. On appeal, plaintiff assigns several errors relating to her workplace, IIED, and wrongful initiation of civil proceedings claims. We reject without published discussion all assignments of error except her assignment concerning the wrongful initiation claim. On that claim, we conclude there were genuine issues of material fact that preclude summary judgment. We reverse and remand.

When reviewing an order granting a motion for summary judgment, we view the record in the light most favorable to the adverse party. Dial Temporary Help Service v. DLF Int'l Seeds, 255 Or.App. 609, 610, 298 P.3d 1234 (2013) (citing Jones v. General Motors Corp., 325 Or. 404, 420, 939 P.2d 608 (1997)).

Plaintiff was engaged bye the Department of Human Services to provide homecare services to defendant's domestic partner. Plaintiff

Page 1194

was not engaged to provide care for defendant. In a declaration, plaintiff reported that she got along well with the woman for whom she cared and that there were no problems between plaintiff and defendant " except for [his] sexual advances." Plaintiff recounted that, on an undescribed date, defendant " pinched me on my left nipple and I hit him and told him not to ever make such sexual contact again or he would be sorry." She told him that she had a boyfriend, in the hope that it would discourage his sexual advances.

Early in the spring of 2011, defendant's son moved into the home, bringing several guns with him. Defendant told plaintiff that his son was mentally unstable and had a felony conviction. While she was working in the home on May 11, a heated argument erupted between defendant and his son. The men struggled over possession of a gun. The son [270 Or.App. 683] fired the gun in the direction of defendant and, at another point, the gun was pointed in plaintiff's direction. When plaintiff tried to call 9-1-1, defendant's son " body slammed" her to the floor and ripped the telephone off the wall. The son told her not to call the police, because he did not want to go to jail. Defendant asked her not to call, too, but she used her cell phone to reach the police, who intervened.

After the May 11 incident, plaintiff stopped homecare for the woman and never returned to defendant's house. Defendant asked plaintiff not to quit. On June 6, 2011, plaintiff filed a complaint in circuit court against defendant alleging tort claims based on defendant allowing his son to live in the house with a firearm. On June 20, defendant attempted to ...


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